Convention on Cluster Munitions

Transcription

1 Convention on Cluster Munitions Reporting formats for article 7 of the Convention on Cluster Munitions State [Party]: SWEDEN National point(s) of contact (organization, telephones, fax, ) 1 : Ministry for Foreign Affairs Department for Disarmament and Non-Proliferation SE STOCKHOLM, Sweden Phone: , fax: , ud-nis@gov.se Date of submission: 25/03/ [day/month/year] Reporting time period from 01/01/2012 to... 31/12/2012 (Initial Report) NOTE : all data shaded in gray is provided on a VOLONTARY basis but pertains to compliance and implementation not covered by the formal reporting requirements contained in article 7. 1 In accordance with art. 7, para. 1, subpara. (l). Page 1 (28)

2 Form A National implementation measures Article 7, Each State Party shall report to the Secretary-General... on: (a) The national implementation measures referred to in article 9; Remark: In accordance with article 9 Each State Party shall take all appropriate legal, administrative and other measures to implement this Convention, including the imposition of penal sanctions, to prevent and suppress any activity prohibited to a State Party under this Convention undertaken by persons or on territory under its jurisdiction or control. State [Party]: SWEDEN reporting for time period from 01/01/2012 to 31 /12 / 2012 Legal, administrative and other measures taken to implement the CCM (including imposition of penal sanctions) Supplementary information (e.g., text and effective date of implementation measures, including legislation, administrative measures, policies and directives, training of military forces) Signed the Convention on Cluster Munitions, December 3, 2008 Ratifying the Convention on Cluster Munitions, April 23, 2012 The Convention entered into force, October 1, 2012 Act 2012:179, on Penalties for Illicit Involvement in Cluster Munitions Section 1 Anyone who uses, develops, produces, acquires, retains, stockpiles, transfers, imports to Sweden or exports from Sweden cluster munitions shall be sentenced for illicit involvement in cluster munitions to imprisonment for at most four years, if the offence is not considered a crime against international law under the Swedish Penal Code. For the purposes of this Act, cluster munitions shall mean such cluster munitions and such explosive submunitions designed to be dispersed or released from dispensers affixed to aircraft as referred to in the Convention on Cluster Munitions adopted on 30 May Such involvement in cluster munitions and explosive submunitions, which is permitted under the Convention as referred to in the second paragraph, does not constitute a crime If the crime is gross, a sentence of imprisonment for at most 18 years or for life shall be imposed. In assessing whether the crime is gross, special Page 2 (28)

3 attention shall be paid to whether the offence contributed significantly to cluster munitions being used in a way that entailed danger to many people s lives or health. Section 2 Even if there is no jurisdiction under Chapter 2, Sections 2 or 3 of the Swedish Penal Code, crimes under this Act shall be judged by a Swedish court if the crime was committed by a Swedish citizen or by an alien domiciled in Sweden. Chapter 2, Section 5 of the Swedish Penal Code contains provisions on requirements for authorisation to institute prosecution in certain cases. For original text (Swedish) visit: Lagar/Lagar/Svenskforfattningssamling/Lag om-straff-foro_sfs / Training of the Swedish Armed Forces Two e-learning courses are developed by the Swedish Armed Forces; one basic course for all personnel in operational units, and one advanced course for personnel designated for international service. Page 3 (28)

4 Form B Stockpiles and destruction of cluster munitions Part I: Stockpiled cluster munitions Article 7, paragraph 1 Each State Party shall report to the Secretary-General... on: (b) The total of all cluster munitions, including explosive submunitions, referred to in paragraph 1 of article 3 of this Convention, to include a breakdown of their type, quantity and, if possible, lot numbers of each type; [ ] (g) Stockpiles of cluster munitions, including explosive submunitions, discovered after reported completion of the programme referred to in subparagraph (e) of this paragraph, and plans for their destruction in accordance with article 3 of this Convention; State [Party]: SWEDEN... Reporting for time period from 01/01/2012 to 31/12/ The total of all cluster munitions and explosive submunitions, stockpiled under the jurisdiction and control of the State Party The following table does not include munitions retained for the purpose of training and expertise (in accordance with art. 3, para. 6) reported in form C. Cluster munition type Quantity Lot number (if possible) Explosive submunition type quantity of explosive submunitions Lot number (if possible) Supplementary information Sweden has no cluster munitions or explosive submunitions stockpiled. Page 4 (28)

5 2. Additional stockpiles discovered after reported completion of the programme for destruction Cluster munition type Quantity discovered Lot number (if possible) Explosive submunition type quantity of explosive submunitions Lot number (if possible) Plans for destruction Where, when and how discovered Supplementary information 3. Status and progress... in separating all CM under its jurisdiction and control from other munitions retained for operational use and marking them for the purpose of destruction (ref. art. 3, para. 1) Cluster munition type Quantity separated and marked for destruction Lot numbers (if possible) Explosive submunition type BK M MUS JAS-1 MUS JAS-2 quantity separated and marked for destruction Lot numbers (if possible) Supplementary information Page 5 (28)

6 Form B Stockpiles and destruction of cluster munitions (continued) Part II: Status of programmes for the destruction of cluster munitions Article 7, paragraph 1 Each State Party shall report to the Secretary-General... on: (e) (f) (g) The status and progress of programmes for the destruction, in accordance with article 3 of this Convention, of cluster munitions, including explosive submunitions, with details of the methods that will be used in destruction, the location of all destruction sites and the applicable safety and environmental standards to be observed; The types and quantities of cluster munitions, including explosive submunitions, destroyed in accordance with article 3 of this Convention, including details of the methods of destruction used, the location of the destruction sites and the applicable safety and environmental standards observed; Stockpiles of cluster munitions, including explosive submunitions, discovered after reported completion of the programme referred to in subparagraph (e) of this paragraph, and plans for their destruction in accordance with article 3 of this Convention; State [Party]: SWEDEN... Reporting for time period from 01/01/2012 to 31/12/ Status and progress of destruction programmes (art. 3) Status Plans, general information, timeline Methods that will be used 1 Name and location of destruction sites that will be used Applicable safety and environmental standards to be observed Progress since last report Supplementary information 1 Reference to Form B (4). Initial report. Page 6 (28)

7 2. Destruction of cluster munitions, including explosive submunitions, completed BEFORE the entry into force for the State Party (ONLY for initial reports) Cluster munition type Quantity destroyed Lot number (if possible) Explosive submunition type Quantity destroyed Lot numbers (if possible) Date of completion Location of destruction sites Supplementary information SAAB Aerotech, Arboga, Sweden. Kuusakoski, Skelleftehamn, Sweden BK M Sakab AB, Kumla, Sweden Types and quantities of cluster munitions, including explosive submunitions, destroyed in accordance with article 3 (a) After entry into force Cluster munition type Quantity destroyed Lot number (if possible) Explosive submunition type Quantity destroyed* Lot number (if possible) Date of completion Location of destruction sites Supplementary information BK M90 37 SAAB Aerotech, Arboga, Sweden. Kuusakoski, Skelleftehamn, Sweden Sakab AB, Kumla, Sweden 37 Page 7 (28)

8 (b) Additional stockpiles destroyed after reported completion of the programme for destruction Cluster munition type Quantity destroyed Lot number (if possible) Explosive submunition type Quantity destroyed* Lot number (if possible) Plans for destruction Progress in destruction/ Date of completion * INCLUDING explosive submunitions which are not contained in a cluster munition. 4. Methods of destruction used Cluster munition type BK M90 Details of the methods of destruction used The BK M90:s are dismantled in Arboga. The metallic hull and the eject modules are sent to Kuusakoski for defragmentation. Batteries are activated, discharged and sent to Sakab AB for final storage. A contract for destruction of all parts containing explosives will be signed when all explosive devices are gathered. All other parts will be destructed by various companies according to existing contracts. Explosive submunition type Details of the methods of destruction used 5. Applicable safety and environmental standards observed in destruction The dismantling is done according to the safety analysis conducted. The identified risks for personnel, environment and properties have been reduced to acceptable low levels. Page 8 (28)

9 6.Challenges and international assistance and cooperation needed for the implementation of article 3 Activity Description Time period Need Page 9 (28)

10 Form C Cluster munitions retained or transferred Article 3, paragraph 8 States Parties retaining, acquiring or transferring cluster munitions or explosive submunitions for the purposes described in paragraphs 6 and 7 of this article shall submit a detailed report on the planned and actual use of these cluster munitions and explosive submunitions and their type, quantity and lot numbers. If cluster munitions or explosive submunitions are transferred to another State Party for these purposes, the report shall include reference to the receiving party. Such a report shall be prepared for each year during which a State Party retained, acquired or transferred cluster munitions or explosive submunitions and shall be submitted to the Secretary-General of the United Nations (...). State [Party]: SWEDEN... Reporting for time period from 01/01/2012 to 31/12/ Type of cluster munitions or explosive submunitions RETAINED in accordance with article 3, paragraph 6 Cluster munition type Quantity Lot number Explosive submunition type Quantity Lot number Planned use Supplementary information MUS JAS The retained submunitions will be used in training Armed Forces personnel in destruction technics on live ammunition. MUS JAS Page 10 (28)

11 2. Type of cluster munitions or explosive submunitions ACQUIRED in accordance with article 3, paragraph 6 Cluster munition type Quantity Lot number Explosive submunition type Quantity Lot number Planned use Supplementary information 3. Retained/acquired cluster munitions or explosive submunitions used during reporting period in accordance with article 3, paragraph 6 Cluster munition type Quantity used Lot number Explosive submunition type Quantity used Lot number Description of actual use Supplementary information (e.g. origin) 4. Type of cluster munitions or explosive submunitions transferred in accordance with article 3, paragraph 7 Cluster munition type Quantity Lot number Explosive submunition type Quantity Lot number Purpose of transfer Receiving State Party Supplementary information (e.g. steps taken to ensure destruction in receiving State) Page 11 (28)

12 Form D Technical characteristics of each type produced/owned or possessed Article 7, paragraph 1 Each State Party shall report to the Secretary-General... on: (c) The technical characteristics of each type of cluster munition produced by that State Party prior to entry into force of this Convention for it, to the extent known, and those currently owned or possessed by it, giving, where reasonably possible, such categories of information as may facilitate identification and clearance of cluster munitions; at a minimum, this information shall include the dimensions, fusing, explosive content, metallic content, colour photographs and other information that may facilitate the clearance of cluster munition remnants; State [Party]: SWEDEN... Reporting for time period from 01/01/2012 to 31/12/ Cluster munition type* Dimensions of cluster munition Cluster munition explosive content (type and weight) Explosive submunition type and number* Dimensions of explosive submunition Submunition fusing Submunition explosive content (type and weight) Submunition metallic content (type and weight) Other information that may facilitate clearance BK M90 L 3502 mm H 593 mm Width 1031 mm W 600 kg. 113,4 kg MJ1 L 170 mm Ø 132 mm W 3,7 kg Proximity fuse Thermal battery Safety and arming unit with an electronic detonator. 1,3 kg Hexogen Aluminium and heavy metal balls. MJ2 L 450 mm Ø 132 mm W 16,9 kg Proximity fuse Thermal battery Safety and arming unit with an electronic detonator. 6 kg Hexotol Steel. * Please see attached data sheets including colour photographs, Appendix 1. Page 12 (28)

13 Form E Status and progress of programmes for conversion or decommissioning of production facilities Article 7, paragraph 1 Each State Party shall report to the Secretary-General... on: (d) The status and progress of programmes for the conversion or decommissioning of production facilities for cluster munitions; State [Party]: SWEDEN... Reporting for time period from 01/01/2012 to 31/12/ Name and location of production facility Indicate if to convert or decommission Status (indicate if in process or completed ) and progress of the programme Supplementary information (e.g. plans and timetable for completion) SAAB Aerotech No conversion or decommissioning needed. Existing tools are used for the dismantling. EADS/LFK The final delivery of BK M90 to the Swedish Armed Forces was done 1997 by EADS/LFK. EADS/LFK is informed that BK M90/DWS39 is phased out and all specific production tools can be disposed. Page 13 (28)

14 Form F Contaminated areas and clearance Article 7, paragraph 1 Each State Party shall report to the Secretary-General... on: (h) (i) To the extent possible, the size and location of all cluster munition contaminated areas under its jurisdiction or control, to include as much detail as possible regarding the type and quantity of each type of cluster munition remnant in each such area and when they were used; The status and progress of programmes for the clearance and destruction of all types and quantities of cluster munition remnants cleared and destroyed in accordance with article 4 of this Convention, to include the size and location of the cluster munition contaminated area cleared and a breakdown to the quantity of each type of cluster munition remnant cleared and destroyed; State [Party]: SWEDEN... Reporting for time period from 01/01/2012 to 31/12/ Size and location of cluster munition contaminated area* Location** Size of contaminated area (m 2 ) Type Cluster munition remnants Estimated quantity Estimated or known date of contamination Method used to estimate suspected area Supplementary information No areas in Sweden are contaminated with cluster munitions. * If necessary, a separate table for each area may be provided. ** Location can be defined by listing the province/district/village where contaminated areas are located as well as (where possible) map references and grid coordinates sufficient to define the contaminated area. Page 14 (28)

15 2. Land release Provide information on the release of land previously suspected to contain cluster munition remnants by methods other than clearance. Location # Size of area (m 2 ) Date of release Method of release (technical or non-technical survey) 3. Status and progress of programmes for the clearance of cluster munitions remnants Location** Size of cleared area (m 2 ) Status of clearing programme (if possible, including plans, time table and completion date) Type Cluster munition remnant cleared Quantity Clearance method Safety standards Standards applied Environmental standards * If necessary, a separate table for each area may be provided. ** Location can be defined by listing the province/district/village where contaminated areas are located as well as (where possible) map references and grid coordinates sufficient to define the contaminated area. Where possible, refer to the corresponding contaminated area described in [Form F, table 1]. Supplementary information Page 15 (28)

16 4. Status and progress of programme(s) for the destruction of cluster munition remnants*, ** Location Status of destruction programme (if possible, including plans, time table and completion date) Cluster munition remnants Standards applied Type Quantity Safety standards Environmental standards Destruction method * If necessary, a separate table for each area may be provided. ** This table is only for use for those cluster munitions remnants that were not destroyed during a clearance programme (for example cluster munition remnants cleared and subsequently destroyed elsewhere or abandoned cluster munitions). Supplementary information 5. Challenges and international assistance and cooperation needed for the implementation of article 4 Activity Description Time period Need Page 16 (28)

17 Form G Measures to provide warning to the population and risk education Article 7, paragraph 1 Each State Party shall report to the Secretary-General... on: (j) The measures taken to provide risk reduction education and, in particular, an immediate and effective warning to civilians living in cluster munition contaminated areas under its jurisdiction or control; State [Party]: SWEDEN... Reporting for time period from 01/01/2012 to 31/12/ Measures taken to provide risk reduction education 2. Measures taken for effective warning of the population Page 17 (28)

18 Form H Victim assistance: status and progress of implementation of the obligations under article 5 Article 7, paragraph 1 Each State Party shall report to the Secretary-General... on: (k) The status and progress of implementation of its obligations under article 5 of this Convention to adequately provide age- and gender-sensitive assistance, including medical care, rehabilitation and psychological support, as well as provide for social and economic inclusion of cluster munition victims and to collect reliable relevant data with respect to cluster munition victims; State [Party]: SWEDEN... Reporting for time period from 01/01/2012 to 31/12/ National focal point/coordination mechanism for the implementation of article 5 (specify name and contact information of government body responsible) The National Board of Health and Welfare, Emergency Preparedness, Programme Officer Johan Carlstedt. johan.carlstedt@socialstyrelsen.se Tel.: Data collection and assessment of the needs of cluster munitions victims (please indicate gender and age of survivors as well as information on affected families and communities) 3. Development and implementation of national laws and policies for implementation of article 5 On ratification of the Convention, Sweden considered that existing national legislation, incl. the Swedish Health and Medical Services Act (1982:736), was sufficient to fulfill the obligations arising from Article 5 of the Convention. The question of further development of activities in Sweden is presently being discussed by the National Board of Health and Welfare and other relevant authorities Page 18 (28)

19 4. National plan and budget, including timeframes to carry out these activities Note: If necessary, plans/budgets may be provided separately. 5. Efforts to closely consult with and actively involve cluster munition victims and their representative organisations in victim assistance planning and implementation 6. Assistance services (including medical care, physical rehabilitation, psychological support, and social and economic inclusion) Type of service (medical care, physical rehabilitation, psychological support, social and economic inclusion) Implementing agency Description of service (progress, types of services, number of persons assisted, time period) 7. Steps taken to mobilize national and international resources 8. Needs for international assistance and cooperation Activity Description Time period Need 9. Efforts undertaken to raise awareness of the rights of cluster munition victims and persons with other disabilities Page 19 (28)

20 Form I National resources and international cooperation and assistance Article 7, paragraph 1 Each State Party shall report to the Secretary-General... on: (m) The amount of national resources, including financial, material or in kind, allocated to the implementation of articles 3, 4 and 5 of this Convention; and (n) The amounts, types and destinations of international cooperation and assistance provided under article 6 of this Convention. State [Party]: SWEDEN... Reporting for time period from 01/01/2012 to 31/12/ National resources allocated Activity Destruction of BK M90 Sector (stockpile destruction, clearance, risk education, victim assistance, advocacy) Amount of national resources (list currency) Stockpile destruction The planned total cost for the destruction is 37 Million SEK. Type of resources (e.g. financial, material, in kind) Financial 2. International cooperation and assistance provided Destination Sector (stockpile destruction, clearance, risk education, victim assistance, advocacy) Amount (list currency) Type of cooperation or assistance (financial, material or in kind) Details (including date allocated, intermediary destinations such as trust funds, project details, timeframes) Various Various In 2012, total assistance for Mine Action, incl. cluster munitions and ERW, was at least SEK Various See Appendix 2 Page 20 (28)

21 3. International cooperation and assistance needed (a) For the implementation of article 3: Stockpile destruction Activity Description Time period Need (b) For the implementation of article 4: Clearance and risk education Activity Description Time period Need (c) For the implementation of article 5: Victim assistance Activity Description Time period Need 4. Assistance provided by State Parties to another State for cluster munitions used/abandoned prior to entry into force, as outlined in article 4 paragraph 4 State Parties that have used our abandoned cluster munitions which have become cluster munition remnants located in areas under jurisdiction or under control of another State Party are STRONGLY ENCOURAGED to provide assistance to the latter State Party to facilitate the marking, clearance and destruction of such cluster munition remnants. Sweden has never used any cluster munitions. Page 21 (28)

22 Form J Other relevant matters Remark: States Parties may use this form to report voluntarily on other relevant matters, including matters pertaining to compliance and implementation not covered by the formal reporting requirements contained in article 7. State [Party]: SWEDEN... Reporting for time period from 01/01/2012 to 31/12/ Note: Form J can be used to report, on a voluntary basis, on the efforts to encourage States not parties to join the Convention on Cluster Munitions, and to notify such States of Convention obligations as outlined in article 21. Page 22 (28)

23 Appendix 1 BK M90 BK M90 MUS JAS 1 MUS JAS 1 MUS JAS 1 (L 170 mm, Ø 132 mm,w 3,7 kg) MUS JAS 1 Page 23 (28)

24 MUS JAS 2 MUS JAS 2 (L 450 mm, Ø 132 mm, W 16,9 kg) BK M90 (L 3502 mm, H 593 mm, Width 1031 mm, W 605 kg.) Page 24 (28)

25 Appendix 2: Swedish Development Cooperation in Mine Action (including Cluster Munitions/ ERW) in 2012 Sector 2 Recipient Country Recipient Organization/ Institution Amount in donor currency Donor Government Agency/ Department COUNTRY Based Allocation Demining/ Clearance Afghanistan Danish Demining Group, DDG SEK Swedish International Development Agency (Sida) Demining/ Stockpile destruction Democratic Republic of the Congo Mines Advisory Group, MAG SEK Sida Mine Action Iraq 1) DDG 2) MAG SEK Sida Mine Action Somalia DDG SEK Sida Mine Action South Sudan DDG SEK Sida 2 In sector classification the definition of Mine Action used includes the following elements: i) Mine awareness (measures to make people aware of and to inform people of the risks of mines and unexploded ammunition), ii) Demining (survey, mapping, marking, clearence), iii) Victims assistance (support to victims of mines, including rehabilitation and reintegration), iv) Advocacy (efforts to exert an influence in respect of limitation on the use of stock). If Mine Action is indicated it implies a contribution integrating all the elements in the definition stated. If specific elements in the definition are indicated it implies that x contribution focuses on the indicated elements. Page 25 (28)

26 Global Program Allocation Demining/ Awareness/ Advocacy Misc. Geneva International Centre for Humanitarian Demining (GICHD) SEK Sida Awareness/ Advocacy Misc. Geneva Call SEK Sida Awareness/ Mine Risk education Misc. UNICEF SEK Sida 3 Approximate budget estimation as only part of contribution is related to Mine Action. 4 Approximate budget estimation as only part of contribution is related to Mine Action. Page 26 (28)

27 HUMANITARIAN Aid Support 5 Demining/ Secondment Demining/ Secondment Demining/ Secondment Demining/ Secondment Demining/ Secondment Demining/ Secondment Demining/ Secondment Mali Republic of the Congo Libya Libya Libya Palestine South Sudan Swedish Contingencies Agency, MSB SEK Sida Swedish Contingencies Agency, MSB/ UNMAS SEK Sida Swedish Contingencies Agency, MSB Swedish Contingencies Agency, MSB/ UNMAS Swedish Contingencies Agency, MSB/ UNMAS Swedish Contingencies Agency, MSB/ UNMAS Swedish Contingencies Agency, MSB/ UNMAS SEK SEK SEK SEK SEK Sida Sida Sida Sida Sida 5 Based on the Rapid Response Mechanism as established with the Swedish Contingencies Agency, MSB. 6 Approximate budget estimation as only part of contribution is related to Mine Action. Page 27 (28)

28 Demining Syria Swedish Contingencies Agency, MSB/ UNMAS SEK Sida Demining/ Secondment Syria Swedish Contingencies Agency, MSB SEK Sida Demining/ Secondment Syria Swedish Contingencies Agency, MSB SEK Sida Other Support Demining/ Clearance Awareness/ Advocacy Cambodia Misc. Cambodian Mine Action Centre, CMAC APLC, Implementation Support Unit, ISU SEK SEK Ministry for Foreign Affairs, MFA Ministry for Foreign Affairs, MFA SEK Page 28 (28)